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COALITION Phone 202-347-3666 * Email * Fax 202-289-0776

CAPTA REAUTHORZATION ACT OF 2010, S. 3817

SUMMARY OF CAPTA PROVISIONS

1. Findings (Sec. 2)

· Updates child maltreatment statistics to the most recent available data (2008).

· Recognizes the co-occurrence of child maltreatment and domestic violence, and encourages procedures to enhance the safety of children and victims of domestic violence.

· Recognizes that diverse “religious beliefs and traditions” may impact child rearing patterns, yet not allow such beliefs to enable maltreatment.

2. Information Clearinghouse (Sec. 103)

· Requires HHS to maintain and disseminate information on: 1) the medical diagnosis and treatment of child maltreatment; 2) best practices in differential response; 3) training resources for substance abuse treatment services and domestic violence personnel; and 4) effective programs and best practices for collaboration between CPS and domestic violence services.

· Requires HHS to gather information on the incidence and characteristics of child maltreatment cases present with domestic violence, and in cases related to substance abuse.

3. Research (Sec. 104(a))

· Supports research on: 1) approaches to improving the attachment of maltreated infants and toddlers with parents or caregivers where reunification is appropriate; 2) effective practices in medical diagnosis of child abuse and neglect; 3) effective collaborations between CPS and domestic violence services that provide safety for children exposed to domestic violence and their non-abusing parents to improve investigations and delivery of services for children and families; 4) effective collaborations between CPS and medical, mental health, developmental disabilities, early childhood, and special education services; 5) the impact of child abuse and neglect on the progression of disabilities; effective practices in differential response; 6) and child maltreatment issues facing Indians, Alaska Natives and Native Hawaiians.

· Requires collection of data on the extent to which reports are screened out due to cross-jurisdictional complications

· Authorizes a study on the characteristics of perpetrators and victims and on the incidence of shaken baby syndrome.

4. Technical Assistance (Sec. 104(b))

· Authorizes HHS to provide technical assistance in the prevention, assessment, identification and treatment of child maltreatment to providers of mental health, substance abuse treatment, and domestic violence prevention services.

· Authorizes HHS to provide information on training resources to substance abuse and domestic violence services personnel in collaboration with others in interacting on child abuse and neglect investigation and interventions.

5. Demonstration Programs (Sec. 104(e))

· Identifies Indian tribes as eligible grantees for demonstration project grants.

· Includes child care and early childhood education and care provides as cooperative entities on demonstration grants involving educational identification, prevention and treatment services.

6. Training and Innovation (Sec. 105)

· Includes tribes as eligible applicants for discretionary CAPTA grants.

· Include child care workers as eligible recipients of training in child abuse prevention and treatment.

· Include developmental disability services in training for linkages with other agencies providing early intervention services for screening, diagnosis and evaluations.

· Include training for personnel in childhood development, and for personnel in best practices in differential response.

· Include “substance abuse” and “domestic violence service agencies” and “community-based programs” with CPS, public health, mental health, and developmental disabilities agencies in promoting linkages among services.

· Authorize grants to develop effective collaborations between CPS and domestic violence services which include provisions for the safety of the non-abusing parent and children, and services to children exposed to domestic violence.

7. Basic State Grants: eligible use of funds (Sec. 106(a))

· To develop intra-agency, interstate and intrastate protocols to enhance investigations.

· To include differential response in safety assessment tools and protocols, and in training to promote collaborations with families.

· For training in early childhood, child and adolescent development.

· Development and implementation of research-based training for mandated reporters.

· To include “differential response” 1) in services to disabled infants with life-threatening conditions;2) in public education information on CPS, and 3) in promoting collaborations with other systems.

· To develop and implement collaborative procedures between CPS and domestic violence services, including the use of differential response where appropriate, and in providing services that assist children exposed to domestic violence and also support the care giving role of the non-abusing parent.

8. Basic State Grants: eligibility requirements (Sec. 106(b))

· Requires states to have laws identifying categories of mandated reporters.

· Include “Fetal Alcohol Spectrum Disorders” in procedures for referral and development of a plan of safe care for substance exposed newborns.

· Include use of differential response in screening and assessment procedures

· Require that guardian ad litem be trained in early childhood, child and adolescent development.

· Provide that reunification not be required where a parent has committed intrafamilial sexual abuse or must register with a sex offender registry.

· Ensure the provision of technology to track CPS reports from intake through final disposition, with interstate and intrastate information exchange.

· Policies and procedures to involve family group decision making.

· Policies and procedures for appropriate collaborations between CPS and domestic violence.

· Policies and procedures for differential response, as applicable.

· Training and programs to address needs of unaccompanied homeless youth.

· Assurance of collaboration with community-based prevention programs and families affected by c/an in development of state plan.

9. Basic State Grants: citizen review panels (Sec. 106(c))

· Panels may include as members adult former victims of c/an.

10. Basic State Grants: annual state data reports (Sec. 106(d))

· Include information on uses of differential response.

· Include data on numbers of CPS personnel, average caseloads, education and training requirements, demographic information, and workload requirements.

· Include data on numbers of referrals of newborns exposed to drugs or alcohol; also numbers of children referred for early intervention services under IDEA Part C.

11. Basic State Grants: allocations (Sec. 106(f))

· Adds new section (f) regarding allotments of basic state grant funds, establishing a minimum state grant of $50,000, with additional distribution based on child population; adjusts the minimum as appropriation increases by more than $1 million and upward.

12. Children’s Justice Act grants (Sec. 107)

· Throughout, replace “handling” of cases with “assessment and investigation” of cases; and changes “particularly” to “including” child sexual abuse and exploitation cases..

· Adds to members of state CJA task force, adult former victims of c/an and individuals working with homeless youth.

· Include in state task force recommendations provision for consideration of reports of children with a potential combination of jurisdictions.

13. Miscellaneous requirements, Sense of Congress (Sec. 108(d))

· Encourages attention to children and families who are English language learners, and to individuals with disabilities.

14. Reports (Sec. 110)

· Requires HHS report on “efforts to coordinate the objectives and activities of agencies…responsible for programs…related to child abuse and neglect” at 1, 3, and 5 year intervals.

· Requires HHS report every two years “evaluating the effectiveness of programs receiving assistance” under the CAPTA basic state grant.

· Requires from HHS a detailed study and evaluation of functions and effectiveness of citizen review panels.

· Mandates HHS study on immunity from prosecution for professional consultation in suspected and known instances of child maltreatment.

15. Authorization of appropriations (Sec. 112)

· Authorizes and extends existing funding level at $120 million in FY10 for discretionary grants (research, training, technical assistance, information collection, program innovations) and basic state grants; and “such sums” for fiscal years 2011 through 2015.

16. Community-Based Prevention Grants, purpose and authority (Sec. 201)

· Throughout, deletes reference to support for “networks” and replaces “family resource and support program” with “community-based child abuse and neglect prevention program”.

· Include access to services and preventive services for unaccompanied homeless youth.

· Require that programs involve parents in program planning and implementation.

· Include among support programs substance abuse treatment services and domestic violence services.

19. Community-Based Prevention Grants, eligibility (Sec. 202)

· Include adult former victims of c/an among members of interdisciplinary collaborative structures for directing prevention efforts.

20. Community-Based Prevention Grants, application (Sec. 205)

· Require involvement of family advocates, and adult former victims of c/an in planning and implementation of programs and policies.

· Include outreach to unaccompanied homeless youth.

22. Community-Based Prevention Grants, program requirements (Sec. 206)

· Include parents and others in “meaningful roles” in planning.

· Require a “comprehensive” prevention strategy, including services to, among others, “parents who are adult former victims of c/an”.

· Include respite care and home visiting as core services.

· Include among optional services supports to parents with disabilities.

· Add to optional services, “child care, early childhood education and care, and intervention services” and “domestic violence services.”

23. Performance Measures (Sec. 207)

· Require specification whether services are supported by research.

24. Community-Based Prevention Grants, definitions (Sec. 209)

· Include “crisis nurseries” in defining “respite care services.”

24. Community-Based Prevention Grants, authorization of appropriations (Sec. 210)

· Coalition: Authorizes and extends existing funding level at $80 million in FY10 and “such sums” for fiscal years 2011 through 2015.